It cited concern for “the rights of accused persons” – even though a positive steps requirement has existed in Tasmania and Canada for more than 15 years without apparent problems. However, the review did not embrace this change. However, a defendant who did nothing to obtain consent can still be acquitted on this basis.Ī survey by the NSW Law Reform Commission found 77.5% of respondents agreed that:Ī person who does not take steps to check if their sexual partner consents should not be allowed to argue that they believe there was consent.
This means anything the defendant did to ascertain consent, no matter how inadequate, can be used to support their alleged mistake. It merely says the court must consider any steps they took to do so. NSW law does not require a defendant to check whether the other person wants to have sex before alleging a mistaken belief. Queensland rape law 'loophole' could remain after review ignores concerns about rape myths and consent However, even if she had addressed this issue, the result might not have changed. The NSW Court of Criminal Appeal decided the judge made a mistake in failing to discuss what (if any) steps Lazarus took to ascertain consent. Recent research shows defendants are more likely to allege a mistaken belief in consent where a victim freezes during the attack. This approach is concerning, since sexual assault victims often “freeze”, meaning they do not physically resist their attackers. Judge Robyn Tupman ruled he did, because Mullins supposedly “did not say ‘stop’ or ‘no’” and “did not take any physical action” to resist him. The central issue in the Lazarus case was whether he believed on “reasonable grounds” that Mullins was consenting. This undermines attempts to enshrine affirmative consent in NSW law. Importantly, the reforms would not require defendants to try to find out whether a person wants to have sex before claiming they believed the person consented. However, the Law Reform Commission report fails to address the main concerns raised by the case.
#Luke lazarus trial
Lazarus maintained his innocence, and criticised Four Corners for apparently not fact checking parts of the program - Lazarus refused an interview with the program.The Lazarus case highlighted the complexity of consent law in NSW after two trial judges applied the law incorrectly. Lazarus said the “whole night” was “regrettable”, but that he’d been incorrectly shown as “as a guilty man getting away with a crime”, despite having been acquitted. Luke Lazarus gave the half-hour interview to presenter Ben Fordham, who preempted any potential criticism by calling what Lazarus had done “despicable”, and saying that “the court of public opinion views you as scum”. Luke Lazarus responds to Four Corners. The man acquitted (on appeal) of raping Saxon Mullins - the subject of a moving Four Corners which prompted a NSW review of consent provisions in the law - has responded to Four Corners in an interview on Sydney’s 2GB radio. Audience and Consumer Affairs said: “The ABC agreed that the original news story headline and ‘teasers’ for both stories written by the ABC’s business desk were materially inaccurate.” It also found that the analysis article “at times” read as opinion - something the ABC has previously acknowledged. The internal investigation upheld some parts of the complaints it fielded about the articles, but not all. In response to an article in The Australian published today, quoting from an email Treasurer Scott Morrison sent the ABC, the ABC identified a few errors in the Oz’s article. Corporate tax articles ‘inaccurate’. The ABC has published a summary of its complaints division’s investigation into Emma Alberici’s corporate tax articles.
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